From “Likes” to Litigation

When it comes to social media, even our attorneys can’t agree. One of us thinks TikTok dances are harmless fun (we won’t name names, but they may have attempted the “Renegade” in the office - thank God Steve’s health insurance premiums are paid up), while another is convinced Snapchat is the downfall of society (you know that isn’t Shari!). Regardless of where you fall on the spectrum, there’s no denying that social media is changing the school landscape—and not always for the better.

Screen Time, Social Media and Mental Health

With social media dominating students' lives, school administrators must grapple with its profound impact on mental health, the rise of deepfakes, and the contentious issue of banning phones.  On December 3rd, we hosted a three-hour webinar that was a deep dive into these issues.  Among other things, we discussed the latest research on social media’s damaging effects on student mental health, a look at the emerging law on “deepfakes,” and practical strategies to mitigate risks for schools.  If you missed it, the recording of the webinar and all of the associated materials are available on the KSB portal.

Social Media Litigation

Our webinar also discussed how litigation against platforms like TikTok continues to highlight the dangers of addictive social media design. Internal documents reveal that features like infinite scroll and autoplay are intentionally built to foster compulsive use. For teens, addiction can take hold in as little as 35 minutes of scrolling. This creates a ripple effect of consequences, from disrupted sleep to poor academic performance.

Hundreds of districts have joined in a consolidated lawsuit seeking to recover damages that schools suffered as a result of students’ use and misuse of social media.  The theory is that since the developers designed these apps to be addictive, they should be held responsible for the harm caused by that addiction.  KSB has partnered with a California education law firm to help our clients who may want to join in this litigation.  If your district wants to learn more, sign up here for details. (Please be aware that the attorneys will be compensated by receiving a proportion of the ultimate award, if any.  If you sign up via KSB School Law, we may receive a portion of the lawyer’s share, but your recovery will not be reduced.  This may technically be a “solicitation” under the attorney ethical rules, and we want you to understand that you can work with any law firm if you want to join this litigation or not join it at all.)

Cell Phone Policies and Bans

If your district is considering revising its cell phone policy, implementing new limitations, or pursuing an outright ban, some new guidance may be helpful. Last week, the Office of Educational Technology released a “Playbook for Student Personal Device Policies.” The playbook encourages the following four-step process to guide the decision process: (1) build a team, (2) define your goals, (3) build a collective understanding, and (4) gather data and insights. The playbook provides strategies, case studies, and tools to help a district work through those four steps. Limiting student cell phone use or banning devices in schools can be a hot-button issue in some communities; if that sounds like your district, this playbook may be a helpful starting point.  

Parent Digital Citizenship Training On Demand

Finally, we believe that parental involvement is a missing component of these discussions.  KSB has developed a short (for lawyers) parent digital citizenship training course that can be purchased through the KSB portal. This resource is designed to help parents manage their children’s online presence and reinforce positive partnerships with schools regarding digital citizenship. It’s available for purchase by any KSB client, and if we’ve provided Digital Citizenship training at your school in person this year, it is available at a reduced rate.  Email shari@ksbschoollaw.com if you would like to know more. 

The Bottom Line

Social media is a bit like cafeteria spaghetti: messy, sometimes hard to swallow, but unavoidable. Whether you’re dealing with TikTok-addicted teens or deepfakes that make you question reality, schools are at the center of the digital storm. Stay informed, stay flexible, and maybe avoid taking legal advice from a trending meme. In the meantime, we’ll keep an eye on the lawsuits—so you can focus on making sure your students don’t reenact the latest TikTok challenge in the science lab.